The “married-out daughter” incident is a common issue in rural work. The core of the problem lies in the fact that members of the collective economic organization (village group) strictly limit the conditions for membership to protect their vested interests. The primary condition is: “Married-out daughters are not entitled to the rights of village collective dividends.”
According to relevant laws and regulations, married-out daughters can enjoy these rights under specific conditions, such as fulfilling their obligations as villagers.
However, the laws and regulations only stipulate the substantive conditions and do not provide specific procedures for determining eligibility, making grassroots work very difficult.
Currently, we face such a challenge:
According to relevant laws and regulations, the grassroots government can directly make administrative decisions on the membership of married-out daughters in the collective economic organization. However, the “sub-district office” is in an awkward position legally, as it is not a level of government but an agency of the county or district government. Making administrative rulings in this situation is indeed challenging, but inaction is not an option.
Therefore, my basic approach is: First, the village committee should supervise the village group to determine whether the relevant individuals meet the conditions stipulated by laws and policies. As for membership, if the village group can confirm it, that would be ideal. If not, the sub-district office can make an administrative decision on membership based on the conditions determined by the village committee or village group. This approach is feasible. The key is to delegate the investigation and verification work to the village committee and village group, which does not directly burden the village group. The sub-district office can then make an administrative decision based on the information provided by the village committee or village group, making it more justified.
Thus, the following handling was made:
Regarding the Request of Villager A from Village B, M Village Committee, to “Enjoy the Same Legal Rights as Other Villagers”
M Neighborhood Committee, B Village Group:
Villager A, female, born on [date], Han ethnicity, residing at [address], MB Village, A Sub-district, W City, Guangdong Province, with ID number [**].
Since the beginning of this year, Villager A has repeatedly submitted petitions to the Comprehensive Management and Petition Office of A Sub-district and the visiting leaders of W City, stating that she is a resident of B Village, M Village Committee, A Sub-district, W City, and married her husband F on [date]. On [date], with the consent of the B Village Group, F moved from H Village, G Town, W City to MB Village. Villager A’s household registration has always been in MB Village, where she has long resided, fulfilled her obligations as a villager, and enjoyed all welfare benefits. After marriage, she gave birth to two children (eldest son D, aged [age], and second son E, aged [age]), who were registered in MB Village with her according to relevant policies. She reported that since [year], the B Village Group of M Village Committee has refused to recognize her membership in the collective economic organization on the grounds that she is a “married-out daughter,” and has hindered her from enjoying equal rights with other members of the collective economic organization.
After receiving the petition, our sub-district office immediately dispatched staff to conduct on-site investigations and repeatedly convened relevant parties for mediation. However, the B Village Economic Cooperative insisted on using local regulations as the criterion for resolving the issue and violated Articles 4 and 5 of the “Guangdong Province Collective Economic Organization Management Regulations” by refusing to provide the annual distribution plan of the economic cooperative, obstructing our investigation into Villager A’s situation.
Gender equality is a fundamental principle enshrined in our Constitution. Land and the collective income derived from it are the most basic means of production and livelihood security for farmers. Members of the collective economic organization, regardless of gender, enjoy equal land contracting rights and income distribution rights. Articles 32 and 33 of the “Law of the People’s Republic of China on the Protection of Women’s Rights and Interests” respectively stipulate: “Women enjoy equal rights with men in rural land contracting and management, collective economic organization income distribution, land expropriation or requisition compensation, and homestead use,” and “No organization or individual may infringe upon women’s rights and interests in rural collective economic organizations on the grounds of women being unmarried, married, divorced, or widowed”; “If a man moves to the woman’s residence after marriage, the man and his children enjoy equal rights with members of the local rural collective economic organization.” Article 15, paragraphs 1 and 2 of the “Guangdong Province Collective Economic Organization Management Regulations” stipulate: “Members of the former People’s Commune, production brigade, and production team, whose household registration remains in the location of the rural collective economic organization and who fulfill the obligations stipulated by laws, regulations, and organizational charters, are members of the rural collective economic organization.” Document No. 142 [2006] of the Guangdong Provincial Party Committee Office stipulates: “Women who are members of rural collective economic organizations and whose household registration has not moved out of their original place of residence after marriage and who fulfill their obligations are still members of the collective economic organization at the location of their household registration, and they and their children born in accordance with policies enjoy equal rights with men”; “If a man moves to the woman’s residence after marriage, the man and his children born in accordance with policies enjoy equal rights with members of the local rural collective economic organization.” Regarding the above current laws, regulations, and policy provisions, a small number of people, influenced by feudal thinking and driven by economic interests, and some village cadres with weak legal awareness, have not seriously implemented them. Our sub-district office hereby provides the following handling opinions on Villager A’s request:
According to Article 8 of the “Organic Law of the Villagers’ Committees of the People’s Republic of China,” the M Neighborhood Committee is responsible for managing the collectively owned land and other properties within its jurisdiction and safeguarding the legal property rights and other legitimate rights and interests of the collective economic organizations and villagers within its jurisdiction. Regarding the issue raised by Villager A of the M Neighborhood Committee, the M Neighborhood Committee should organize the B Village Economic Cooperative to investigate and verify whether Villager A and others meet the conditions stipulated by laws, regulations, or policies for being members of the rural collective economic organization, and provide a written confirmation conclusion to our office.
Local regulations are established to facilitate villager autonomy, but they must not violate laws, regulations, or national policies. When local regulations conflict with laws, regulations, or national policies, the latter shall prevail. According to the “Law of the People’s Republic of China on the Protection of Women’s Rights and Interests,” the “Guangdong Province Collective Economic Organization Management Regulations,” and other relevant provisions, if Villager A and others meet the conditions stipulated by laws, regulations, or policies for being members of the rural collective economic organization, the B Village Economic Cooperative should immediately restore their membership in the collective economic organization and ensure they enjoy the same rights as other members of the collective economic organization.
The M Village Committee should actively coordinate and mediate between the B Economic Cooperative and Villager A and others to facilitate the prompt resolution of this matter.
Attached Relevant Laws, Regulations, Rules, and Policy Provisions
Constitution of the People’s Republic of China
Article 48 Women in the People’s Republic of China enjoy equal rights with men in all aspects of political, economic, cultural, social, and family life.
The state protects the rights and interests of women, implements the principle of equal pay for equal work for men and women, and trains and selects women cadres.
Law of the People’s Republic of China on the Protection of Women’s Rights and Interests
Article 32 Women enjoy equal rights with men in rural land contracting and management, collective economic organization income distribution, land expropriation or requisition compensation, and homestead use.
Article 33, Paragraph 1 No organization or individual may infringe upon women’s rights and interests in rural collective economic organizations on the grounds of women being unmarried, married, divorced, or widowed.
Property Law of the People’s Republic of China
Article 63, Paragraph 2 If a decision made by a collective economic organization, villagers’ committee, or its responsible person infringes upon the lawful rights and interests of collective members, the infringed collective members may request the people’s court to revoke it.
Organic Law of the Villagers’ Committees of the People’s Republic of China
Article 8 Villagers’ committees shall support and organize villagers in developing various forms of cooperative economy and other economies according to law, undertake services and coordination for village production, and promote rural production construction and economic development. Villagers’ committees shall, in accordance with the law, manage the land and other properties collectively owned by the village farmers, guide villagers in the rational use of natural resources, and protect and improve the ecological environment. Villagers’ committees shall respect and support the independent economic activities of collective economic organizations according to law, maintain the dual management system based on household contract management and unified and separate operations, and safeguard the lawful property rights and other legitimate rights and interests of collective economic organizations, villagers, contracted households, joint households, or partnerships.
Implementation Measures of Guangdong Province for the Law of the People’s Republic of China on the Protection of Women’s Rights and Interests
Article 23 Resolutions of villagers’ representative meetings or villagers’ assemblies, village regulations, and joint-stock company charters involving land contracting and management, collective economic organization income distribution, equity distribution, land expropriation or requisition compensation, and homestead use shall adhere to the principle of gender equality and must not infringe upon the lawful rights and interests of women on the grounds of women being unmarried, married, divorced, or widowed.
Article 24 Women who are members of rural collective economic organizations and whose household registration remains in the original rural collective economic organization location after marriage, or who remain in the husband’s household location after divorce or widowhood and fulfill the obligations stipulated by the collective economic organization charter, enjoy equal rights with other members of the rural collective economic organization in land contracting and management, collective economic organization income distribution, equity distribution, land expropriation or requisition compensation, and homestead use.
Children who comply with birth regulations and whose household registration is in the same rural collective economic organization location as the woman and who fulfill the obligations stipulated by the collective economic organization charter enjoy the rights specified in the preceding paragraph.
Guangdong Province Rural Collective Economic Organization Management Regulations
Article 4 Rural collective economic organizations, under the leadership of the township (town) and village Chinese Communist Party organizations, enjoy the autonomy to independently conduct economic activities according to law and are subject to the supervision of people’s governments at all levels and villagers’ committees. Rural collective economic organizations practice democratic management, elect and remove managers according to law, and decide on major matters of operation and management.
Article 15 Members of the former People’s Commune, production brigade, and production team, whose household registration remains in the location of the rural collective economic organization and who fulfill the obligations stipulated by laws, regulations, and organizational charters, are members of the rural collective economic organization.
From the time of implementing the dual management system based on household contract management and unified and separate operations, children born to members of the collective economic organization, whose household registration is in the location of the collective economic organization and who fulfill the obligations stipulated by laws, regulations, and organizational charters, are members of the rural collective economic organization.
From the time of implementing the dual management system based on household contract management and unified and separate operations, citizens whose household registration moves into or out of the location of the collective economic organization shall have their membership determined by the social committee or council after review and approval by the members’ assembly according to the organizational charter; if laws, regulations, rules, or people’s governments at or above the county level have other provisions, those provisions shall apply.
If the household registration of a member of the rural collective economic organization is canceled, their membership is thereby canceled; if laws, regulations, rules, or the organizational charter have other provisions, those provisions shall apply.
Notice of the General Office of the Guangdong Provincial Party Committee and the General Office of the Guangdong Provincial Government on Forwarding the “Opinions of the Provincial Rural Work Office, the Provincial Women’s Federation, and the Provincial Petition Bureau on Effectively Protecting the Land Contracting and Collective Income Distribution Rights of Rural Women” (Document No. 142 [2006] of the Guangdong Provincial Party Committee Office)
Excerpt:
“(2) Women who are members of rural collective economic organizations and whose household registration has not moved out of their original place of residence after marriage and who fulfill their obligations are still members of the collective economic organization at the location of their household registration, and they and their children born in accordance with policies enjoy equal rights with men; if their household registration moves out after marriage and they have already enjoyed contracted land or collective income distribution rights in their original place of residence, they shall not enjoy these rights again in their new place of residence; if their household registration moves out after marriage and they have not obtained contracted land or collective income distribution rights in their new place of residence, their original place of residence shall not revoke their lawful rights and interests.”
“(4) If a man moves to the woman’s residence after marriage, the man and his children born in accordance with policies enjoy equal rights with members of the local rural collective economic organization.”